Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Sign up Latest Topics
 
 
 


Reply
  Author   Comment   Page 3 of 3      Prev   1   2   3
kurt

Registered:
Posts: 137
Reply with quote  #31 

Just great Ohlandlord, section8/metro won't uphold their policies against tenants on such and make it harder on us landlords..Just marvelouse, makes me just want so much more section 8 tenants.. as of 2005 it costed either $35 or $45 to get the bailif to come out.. The columbus court magistrates have heard all the lame duck exscuses and most of em won't give any extra time to move out.. BEst one I like is magistrate Antonio Pat, he ask's did you owe rent when this notices was served? Do you still owe rent? If yes, then eviction wheels move on..

 

Sounds like the magistrate needs to be talked to in his back offices and explained bleeding hearts cost landlords thousands of dollars a year, and more often than not the crying moms that are evicted don't pay up on their bills.. Also it wasn't the landlord's responsibility to be a "welfare" renter.. meaning you don't pay, you don't ride!  Not sure how to go about such, but then peeing on the mag's shooes might make court even harder on you.. Does your magistrate have an email/web site? A place to leave a message? A fax number?

 

THat's lousy to have to pay so much to set out a dead beat that isn't gonna pay you back..

 

Just a thought, if any of the landlords in ohio want to put together a letter and try to get say the wage garnishment system changed or landlord tenant laws changed let me know I'm all for it and have tried, but one small time landlord like me..I might as well pee on the mag's shoes, least that way I'd get a response(and an honest one)!

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #32 

Yeah, I'm afraid our magistrate is pro-tenant sometimes.  I don't know what her problem is.  Surely she can see that these same tenants keep getting brought up for evictions again & again.  This is a small town!  It costs us $136 just to file for the eviction & another $250 to have them set out on the street.  (We're not allowed to set them out ourselves.  It's either the sheriff or wait for the tenant.)  If you have to get an attorney add another $700-$1000 to it.  Sucks, doesn't it?  Had 2 frozen pipes last night myself.  Both in the laundry room.  Some idiot took the door sweep off the exterior door and left the storm door open.  Cold air poured under the door.  Heater in laundry, but heat rose, cold air stayed down = broken pipes.  Water shooting up the walls.  Cost me about $60 to fix (copper sure is high now).  Ended up dealing w/ this most of the day instead of getting that newly vacant unit ready to paint.  I got to get it done soon, got someone waiting for it.  I doubt I get anything done tomorrow - looks like we're in for another big storm tonight.  If the electric doesn't go off, I'll use the time to get the taxes ready for the accountant.  I don't know about you but I'm getting really sick of snow.  Arizona is beginning to sound real good!

OH_vlf

Avatar / Picture

Registered:
Posts: 17
Reply with quote  #33 

Hello OH_Landlord I am so sorry to hear about your water problem, this is what I came to ask you about. "lol".  And here it is something that has happened to you.  Again I am so sorry.

 

Well I am trying to prevent it from happening to my rental.

Now she (my tenant) has ran out of gas in the propane tank "no gas" "no heat" and she has left the building... she is living up in Amherst 2 hours away - where she works also. 

 

My downstairs apt. said that no one has been home at all.  Thank God he called me!  So we go over light the pilot and than they come home - acting all dumb of course.  Than she leaves Sunday night and forgets all about me.  Now I have to worry about the heat and frozen pipes in the house.  I had this happen one time before, and had to make an insurance claim. 

What can I do? I know I can enter in an emergency per St. of Ohio Law "correct" do you feel this is an emergency?  I need to check and make sure the temp stays at a good level.  Also can I gain entry by the courts?. She has abandoned the apartment and her kids are staying somewhere at friends houses so they can stay warm - what are my options if you know.

Thank you so much for your help.

V


__________________
FOR RENT - VIEW MY RENTAL HERE:

http://tenant.com/124953
OH_vlf

Avatar / Picture

Registered:
Posts: 17
Reply with quote  #34 

Hey Kurt - where is that wage garnishment paper  - I will sign it. 

But can't you get wage garnishment if you file for one?  I thought you could, but I may be wrong.  I am all for doing something to change the way a LD get treated. When it comes to paying up.

 

Quote:

Small Claims Garnishment - The law limits the amount of garnishment and regulates the kinds of income that can be garnished. Only one garnishment can be applied at one time; it is important to "get in line" because garnishment orders are paid in the order that they are received by the employer. If the debtor changes jobs, you will have to ask for a new garnishment order.

 

Also does anyone know when the law went into effect on how to keep a small claims case open after 7-10 year period?.  I know you have to re-new your claim but when did it change from 7 years to 10 years??

Thanks,

V

 


__________________
FOR RENT - VIEW MY RENTAL HERE:

http://tenant.com/124953
OHlandlord

Registered:
Posts: 3,814
Reply with quote  #35 

Darn it!  I keep losing my replies here.  Must be the weather affecting the internet & electric.   What I typed previously was that OH law allows you to enter without notice in an emergency.  If your other tenant reports that no one is home upstairs and there is no heat there, keeping your property from major damage should constitute an emergency.  If they have heat, you cannot go in without the 24 hour notice.  That being said, if those pipes break, you will have $100's in damages.  You don't want to wait until the downstairs tenant says water is pouring in.  A broken pipe upstairs will pour water through the downstairs ceiling (new drywall ceiling needed), damage the walls (new drywall again), ruin flooring (new carpet/tile), possibly warp floors, and may make the downstairs unit unlivable (lost rent).  You could always go there & leave a back-dated 24 hour notice on the door (as if it was posted yesterday) then go check the heat.  If no one has been there they wouldn't know the difference.  (of course, this would be unethical )  I was lucky.  My broken pipes were in a side laundry area.  The water just drained into the cement basement without any damage to ceilings or walls.  I only had to pay to have the broken sections replaced, insulated, and new shut-off valves installed where they couldn't freeze in the basement (just in case it would happen again).  As it was, the tenant had to go without water for the day.  I don't know how I missed having shut-off valves for this area, I'm usually a stickler on having shut-offs for everything.  I even have them put in for the tub/shower.  Then if something happens, they only lose the water to that fixture, not the whole house.  I don't know when the law changed from 7 to 10 years.  Must have been in the last year or two.  I don't remember seeing anything on it.  Maybe it was tacked onto some other bill that got pushed through.  (You know how lawmakers are - it was probably tacked onto a roadway bill, or something).  You can get their wages garnished if you file.  But in my experience, it doesn't work very often.  The ex-tenant quits that job and gets another one.  Then you have to find out where they work again & refile to have it garnished from those wages.  If the person had been in the same job for awhile, it works (as they are not apt to suddenly quit there).  I was told that AZ had an automatic law.  All employers must list their employees on a state database and the garnishment is automatic.  Sweet!  Wish we had that.  Plus there is the problem that some income is not subject to garnishment, like SS, disability payments, and some pensions.  You can never collect from those people.

OH_vlf

Avatar / Picture

Registered:
Posts: 17
Reply with quote  #36 

Could I file for an Emergency order/hearing for possession, if the court finds:
 

 

Quote:
Waste
    
Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent.
    (b) At the emergency hearing, if the court finds:
        (1) probable cause to believe that the tenant has committed or threatens to commit waste to the rental unit; and
        (2) that the landlord has suffered or will suffer immediate and serious:
            (A) injury;
            (B) loss; or
            (C) damage;
the court shall issue an order under subsection (c).
    (c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following:
        (1) Return possession of the dwelling unit to the landlord.
        (2) Refrain from committing waste to the dwelling unit.
    (d) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.
As added by P.L.2-2002, SEC.16.
 


__________________
FOR RENT - VIEW MY RENTAL HERE:

http://tenant.com/124953
OHlandlord

Registered:
Posts: 3,814
Reply with quote  #37 

You can get an emergency court order, but think about it.  First you have to go down and file the paperwork, then they have to have a hearing.  (What are the chances that your court will do it the same day?)  If they don't get to it until the next day, you could have already gone in with the 24 hour notice and saved the filing fees.  If there's no heat, I don't think a court will come after you for going in.  Not in this weather (and with the storm out there now!)  People are reporting frozen & broken pipes everywhere.  I spoke to a fellow LL here who said he had thawed out 4 in the last week.  The plumber said he's been busy doing the same.  If no heat, go down, knock, if no answer go on in.  If you are worried about them suing, leave them a note that says you were there checking on possible frozen pipes as the other tenant reported a slower flow from his faucet.  I'm sure he will be greatful that the water did not flood his unit.

kurt

Registered:
Posts: 137
Reply with quote  #38 

Yes it might be " unethical' on some minor bends of the law, but here's how I look at it. If every one followed the law step per step every single one, more than likely daily life would go a lot slower, but yet smoother which would be ok by me I guess. But hence laws don't cover common courtesy and logic isn't always included in laws and there for is apt to fail at times.. When it does fail what do we do? Be creative. And since not every one is going to follow these laws step per step and logic is rarely inserted into laws to cover such things as entering with out bending the law or other things and the law in my opinion is supposed to be to be a logical and level ground of what's right and wrong and acceptable and not..

 

Sorry to hear about the pipes ohlandlord.. I spent half an hour or so fiddling with gravity heater, got myself a little fireball cause I sprayed to much electrical cleaner then light it.. Who needs eye brows?

 

Out here the wage garnishment system is a failure, yet it can be changed, the problem is I can't get enough voice/people behind it to get a state rep or senator's attetion.. I haven't thought how to create a form to email/ sign and nor do I know many people that would bother to sign it..

 

Maybe I will work on it in the next week..

 

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #39 

If you get that form to sign for garnishment, I'll address our local LL association about it.  I'm betting every one of them will sign.  I'm sure they are as tired of being screwed over as the rest of us.

 

V- Hope your pipes are OK.  Frozen & broken pipes can be EXTREMELY expensive.  I got lucky.

 

Oh and Kurt - you can always draw your eyebrows back on.  It reminds me of when I used to work for this little old lady who shaved them off and drew them back on... LOL   Keep warm!

stlouislandlord

Registered:
Posts: 27
Reply with quote  #40 
"gocolts" hasn't been posting here for several days, but I noticed several things they did wrong

  • never agree to give back or take out rent of the security deposit (or "SD") until looking at the property first to verify they should get their SD back.

  • take pictures of everything.  She said they picked up a big mess of burnt trash without taking pictures which was very foolish.  I bought several older (3 yrs old), cheap digital cameras (under $100) on ebay and keep one in the car at all times for things just like this.  Every week or so I swap it out with the one in the house because the rechargeable battery slowly dies.  You never know when you'll be driving by and see the renter do something and think "I wish I had my camera!".  Also great if you ever get in a car accident.

  • I think she did right with putting the house in the paper for Feb 1st even though the renter was paying till Feb 18th, but when the renter complained I would have told them I would refund the pro-rated amount between the date new renters moved in if they moved in before Feb 18th or if the house sold before then.  That's what a court would do if a landlord tried to sue for it, if the house was really vacant for a month then the court would give you that rent from the tenant, but if you found a new tenant that moved in half way through the month the court wouldn't award you the whole month, otherwise you're getting paid by both tenants.  "gocolts" should have told them that.





OHlandlord

Registered:
Posts: 3,814
Reply with quote  #41 

Good points!  I tell the tenants I will NOT take the rent out of the SD.  I only do if they have left & didn't pay.  There may be more damages than the SD will cover.

 

I always have my digital with me too.  I've got 2 cards so I never run out of space for pics & I usually carry spare batteries w/ me (just in case I need to take more pics than what the batteries will do).  You never know what you will see.  I have a habit of driving by the units and snapping pics of any violations I see.  Always take pics of everything before you start cleaning & repairs.  I sometimes even take pics during the repairs to prove they are done.  (I took pics today of the carpet guy patching in the carpet where the last tenant burned holes in it.  Saved the pieces w/ the burn spots too - just in case.)  Then take pics again after the place is ready to be rented out.

 

If they found a new tenant, they would have to give that rent back.  You can't collect rent twice for the same period.  It sounds like they had more repairs than SD though.  I'd subtract the repairs 1st, then if there wasn't enough, go after them for the unpaid rent.  (if you can find them)


 

 

Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast